Can I sue a company that refuses to return a item I purchased from them?

I purchesed a cell phone that was defective. I sent it to the company to be fixed but they have not returned it and cannot give me a timeframe of when they will. Can I sue them? I have asked for my product back and they will not send it to me.

Asked on June 9, 2017 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you could sue them--they are not allowed to legally keep your money (the purchase price) without giving you a functional product. Whether it is worth suing is a different matter: if they are not local (your county), you cannot sue in small claims court but would have to sue in regular county court. The cost, and time cost (i.e. how much time you will spend on this) could equal or exceed the price of the phone, which is all you could sue them for.

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